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(영문) 서울중앙지방법원 2020.05.07 2019고정2960

사기

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 7, 2019, the Defendant puts a letter on the Defendant’s residence located in Gangnam-gu Seoul, Seoul and C, to the effect that he/she would sell Hphones, and would send Hphones to the victim D who believed that he/she is true, by sending the Hphones to the victim D, who believed that he/she is true, and was remitted KRW 1,165,00 on August 7, 2019 from the victim who believed that he/she was true.

However, the defendant did not have any intention or ability to send the goods promised, even if he receives the middle and high hedging price from the victim.

As such, the Defendant, by deceiving the victim and receiving the remittance of KRW 1,165,00 from the victim, acquired the money.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. A detailed statement of entrance and exit, a door-to-door receipt, and a photograph by capturing text messages;

1. Application of the Acts and subordinate statutes on bank response data;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;